Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/34/109

(a) Criminal Procedure Code (V of 1898)---.--- ---.---S.497---.---Application for grant of bail---.---Scrutiny of evidence on record at bail stage---.---Scope---.---Deeper scrutiny or the minute study of the evidence on record was neither permissible nor desirable, however, the court could not decide a case in vacuum---.---Court was supposed to make tentative assessment of the F.I.R., statementsof the witnesses recorded under S.161, Cr.P.C., recovery evidence, the statements of witnesses recorded in the court and other incriminating evidence collected by the prosecution; and defence plea, if any by accused. (b) Criminal Procedure Code (V of 1898)---.--- ---.---S.497---.---Penal Code (XLV of 1860), Ss.302/34/109---.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---.---Qatl-e¬-amd---.---Bail, grant of---.---Application for grant of bail filed by respondent/accused was dismissed by the Trial Court, but on filing revision, Shariat Court, accepted said application and released accused on bail vide impugned ---.---Deceased, accused and the complainant were real brothers and sisters---.---Version of the complainant was that dispute was in respect of land and house between the brothers (accused and deceased); and that accused was inimical towards the deceased due to the reason that deceased was unmarried and accused wanted to grab the whole property---.---Occurrence was unseen and human remains in the form of bones were recovered---.---Medical Officer who conducted post mortem, had described the condition of dead body as unidentifiable decomposed dead body---.---Doctor had not described that any bone was broken or cut---.---Recovery of axe had been effected from the cattle room of accused along with a piece of string---.---Said articles were sent to the Chemical Examiner whose report was not supportive---.---Prima facie, the evidence collected by the prosecution did not support the version adopted by the complainant---.---Statements of real sisters of both the deceased and accused, were not corroborated by any other evidence---.---Mere heinousness of crime was no ground for refusing the bail---.---Shariat Court had released accused on bail on…

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